(1) The office may bring action through its own counsel in the name and on behalf of the state against any person who has violated or is about to violate any provision of this chapter or any rule of the commission or order of the office issued under this chapter to enjoin the person from continuing in or engaging in any act in furtherance of the violation.
(2) In any injunctive proceeding, the court may, on due showing by the office, issue a subpoena or subpoena duces tecum requiring the attendance of any witness and requiring the production of any books, accounts, records, or other documents and materials that appear necessary to the expeditious resolution of the application for injunction.
(3) In addition to all other means provided by law for the enforcement of any temporary restraining order, temporary injunction, or permanent injunction issued in any such court proceeding, the court has the power and jurisdiction, upon application of the office, to impound, and to appoint a receiver or administrator for, the property, assets, and business of the defendant, including, but not limited to, the books, records, documents, and papers appertaining thereto. Such receiver or administrator, when appointed and qualified, has all powers and duties as to custody, collection, administration, winding up, and liquidation of the property and business as are from time to time conferred upon him or her by the court. In any such action, the court may issue an order staying all pending suits and enjoining any further suits affecting the receiver’s or administrator’s custody or possession of the property, assets, and business, or the court, in its discretion and with the consent of the chief judge of the circuit, may require that all such suits be assigned to the circuit court judge who appoints the receiver or administrator.
History.—ss. 4, 50, ch. 91-245; s. 4, ch. 91-429; s. 541, ch. 97-103; s. 517, ch. 2003-261.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 494 - Loan Originators and Mortgage Brokers
Part I - General Provisions (Ss. 494.001-494.00296)
494.0011 - Powers and duties of the commission and office.
494.0012 - Investigations; complaints; examinations.
494.00125 - Public records exemptions.
494.0013 - Injunction to restrain violations.
494.0014 - Cease and desist orders; refund orders.
494.0015 - Evidence; examiner’s worksheets, investigative reports, other related documents.
494.0016 - Books, accounts, and records; maintenance; examinations by the office.
494.00165 - Prohibited advertising; record requirements.
494.00172 - Mortgage Guaranty Trust Fund; payment of fees and claims.
494.00173 - Mortgage Guaranty Trust Fund; creation.
494.0019 - Liability in case of unlawful transaction.
494.002 - Statutory or common-law remedies.
494.0022 - Applicability of act.
494.0023 - Conflicting interest.
494.0025 - Prohibited practices.
494.00255 - Administrative penalties and fines; license violations.